Baker v. Elite Ambulette Service, Inc.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered April 24, 2006, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

*497Defendants established prima facie entitlement to summary-judgment by submitting evidence demonstrating that plaintiffs did not sustain a serious injury as a result of the car accident between the parties (Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). Plaintiffs failed to raise a triable issue of fact that a serious injury was sustained within the meaning of Insurance Law § 5102 (d). The affidavit of…